Security → Computer technician finding illegal activity

Definitely notHappens all the time.

The repair professional has an ethical duty to not explore the system any more than is needed to diagnose & repair the issue.

I worked at a repair shop a few years ago, we had a tech who loved to look through client pictures & documents. I frequently told him not to and told him it would bite him in the ass someday. One day he ran across some kiddy porn on a customers system. The client was a very close friend of the owner of the repair shop. Needlessly said, it bit him in the ass.

Well, I would just like to say that before you all go off spouting at the mouth, It would be nice if people know the facts. Not everything is what it seems or really, what you imagine in your mind.

I was a technician for a small computer store. It was my last day there as I had just got a new job at the local university. A person had brought there computer in for repair. Upon diagnosing the computer, it was determined that he was having hard drive (hd) failure. Called the customer and told him, he authorized to have new hd installed and to transfer stuff from old hd.

As I was trying to back up his data from his hd, it stopped and said that there was a lock on the file and that I would have to unlock file to proceed. I went to just change the attributes but that was not the case with the files. The only way to unlock the file was to open the file so I had to launch each and every file to unlock it.

Well, when I started, low and behold there was some disgusting CP on the hd. I was not even thinking of it as a crime, I was just disgusted by the content. After doing about a dozen files, all CP, I went and complained to the boss that I cant do it anymore and that I was disgusted with the photos on the computer. I told him what they were and that was when he informed me that I was to call the police. I told him that I didn't even want to get involved and that it was my last day anyways but that is when he said its the law.

Called the police, they came and took a report on how I found what I found and the rest is history.

As a footnote, the person whose computer it was, was a student at the university that I had just got hired at.

I did not snoop thru that customers computer and am I probably more concerned about a person's privacy than any of you. I felt offended by the comments even though my case happened about 10-11 years ago.

So I just want to say this in closing, you should not judge a case unless you know all the facts and since none of you really know the facts, well...

I'm confused. How do you "lock" a file (without just changing its external read/write/hidden/etc attributes) but yet require that it simply be opened in order to "unlock" it... and what possible purpose would such a "lock" serve?

I don't know why you directed this at me. I merely told a story. I didn't say it is right or wrong to call the Police (it is probably legally required to call them). I only said not to expect privacy when having a computer repaired.

If I were a criminal and had evidence of a crime on my PC, I'd deserve to go to jail if I turned the PC over to anyone else besides my lawyer.

As for reporting, federal law is clear about requiring ISPs, cloud service providers etc to report CP.

Public law 18 USCS §§ 2251 et seq. provides further information. I believe that under that section, a repair tech who discovered CP on a system and deliberately chose to let the customer pick it up could be prosecuted for receiving and/or distribution under the law.

Haven't researched any case law on it, however, IMO, if you drop off your computer for repair, you give up any expectation of privacy.

And, if you download CP, you deserve whatever happens. CP is sick, period.

My opinion is a technician is ethically bound to treat all information on the computer confidentially. I have had people have me sign a HIPAA agreement, which is the right thing for them to do.

I am not a lawyer, but it seems computer technicians are under no obligation to report. »beaconnews.suntimes.com/ ··· est.html

I don't know what I would do if I found child porn, fraud, or other indicator of illegal activity on a computer.

What would you do if you came across files relating a plot to bomb an abortion clinic, or even a police station?

You act on it. If you don't, you're retarded. It's not your fault that people are doing illegal activity. We're not talking about software piracy, we're talking about violence.

You discretely put yourself into a safe place, be sure you know what you're looking at and report it. Child porn the same.

That's in IL Every state has different laws.

Most states require that you report it if you find it. (some states have protections additionally if you don't find it and return it). On the federal level, if you are a telcom or service provider, and find it, you must report it to the National Center for Missing and Exploited Children.First, check the law in your state.

Food for thought:
No law was broken by Joe Paterno either and thus why he wasn't charged. In fact, he followed the law to the letter for it's reporting requirements.
-Jim

Among the list of "mandated reporters" in the State of California":

Commercial film and photographic print processor

»mandatedreporterca.com/w ··· /who.htm

Although computer technicians apparently aren't mandated, currently, I am guessing they would have grounds for action if they were terminated for reporting, based on this listing.

Clarification:

FYI: "Mandated reporters" is for child abuse - CP is commonly coded separately. (Not that CP isn't child abuse - child sexual exploitation certainly IS... but the laws and penalties might differ for each in different states, so being not on the mandated reporters list does not mean you don't have to report found CP).

2012-09-17 18:39:38

"Commercial film and photographic print processors" are much more likely to encounter child pornography than simple child abuse.

Norm, I agree, but different states have different laws and while some may have rolled their CP laws into their child abuse laws (or sexting or human trafficking), others have additional CP statutes.

Here's the federal statutes which you'll see child abuse and CP are separated into different statutes:
»codes.lp.findlaw.com/usc ··· 2/132/IV

It's very wise to be sure in your state what the statutes are.

2012-09-17 21:20:28